Can Spousal Support Be Changed or Ended in Manitoba?

Life does not stand still. A job is lost, a health problem appears, a recipient becomes self-supporting, or a payor retires. If you pay or receive spousal support, you may be wondering whether the amount, or the obligation itself, can change.

The short answer is that it can, but not by simply deciding on your own. This article explains how Manitoba law treats changes to support, how a court application generally works, and what can happen if payments just stop.

This article covers the law of Manitoba.

Support is not always fixed forever

Under The Family Law Act, support can be ordered as a lump sum or as periodic payments, for an indefinite or limited period, or until a specified event occurs. The statute does not set a fixed maximum or a formula for how long support lasts. The same is true of the Divorce Act provisions on spousal support, where duration depends on the listed factors and objectives rather than a fixed range.

That means the starting point is always your own order or agreement. Read what it says about amount, length, review dates and any event that ends support. Some orders already build in a review.

The change in circumstances test

Under The Family Law Act, an order may be varied, suspended or terminated on a change in circumstances, and a review can be provided for in the order. When a court first decides on support, it considers factors such as each spouse's means, needs, earning capacity and steps toward independence. How those factors apply to a later change depends on your situation, so it is worth confirming with a lawyer. After separation, each spouse must take all reasonable steps to become financially independent of the other.

Examples people often raise are listed below. Whether any of them is enough depends on the facts and on the wording of your order, so it is worth confirming with a lawyer.

• A significant drop or rise in either person's income
• A health problem that affects the ability to work
• The recipient becoming more financially independent
• A specified event in the order or agreement taking place
• Changes to other support duties the payor now has

When a court decides whether to order support, conduct is not considered under The Family Law Act, and the Divorce Act tells the court not to consider misconduct in making a spousal support order. Whether the same applies to changing an existing order depends on your situation, so it is worth confirming with a lawyer.

If you have an agreement instead of an order

A separation agreement is a binding contract, not a court order, and agreements can be harder to enforce. If a spouse released the other from support, or accepted a set amount in a written agreement, the court generally cannot order support for that spouse.

Because the terms of your own agreement matter so much, have a lawyer read it before you assume it can or cannot be changed.

How to apply, and what happens if you simply stop paying

A payor who wants arrears cancelled or payments lowered must apply to a judge for a variation, with notice to the recipient. Family matters in the Court of King's Bench, Family Division, generally start by filing the right document and serving the other party, followed by steps such as the For the Sake of the Children Program, financial statements on Form 70D with three years of tax returns, and mediation efforts. Triage and case conference steps follow, and a case conference is generally held within 30 days. Uncontested and consent matters follow different processes, and forms and practice can change, so check current requirements with the court or a lawyer.

The Maintenance Enforcement Program (MEP) can administratively suspend enforcement in whole or in part if the payor asks in writing. That is not the same as changing the order: cancelling arrears or lowering payments needs a judge.

If you simply stop paying and the order is enrolled with MEP, it first works with the payor for voluntary payment, but enforcement action can follow. Tools include a support deduction notice, MPI licence or registration suspension, passport and licence suspension, credit bureau reporting, seizure of property and liens. At a court enforcement hearing, the payor must show they did not wilfully fail to pay, and the court may order arrears paid in full or by instalments, impose a fine of up to $10,000, or order jail of up to 200 days. Fines or jail do not erase the arrears.

A support deduction notice can be served on an employer, who must act within seven days of service. Changing jobs does not escape it, because a notice can be served on a new employer or another source of income.

What to do next

• Find your order or agreement and note the amount, term, review date and ending events
• Gather income records, tax returns and proof of the change in circumstances
• Keep paying, or keep receiving, as the order says until a judge changes it, since cancelling arrears or lowering payments needs a variation application to a judge
• If you are in MEP, contact them about your file balance, and ask about a written request to suspend enforcement if that fits your situation
• Speak with a lawyer about whether to apply for a variation and what you would need to show

MEP can be reached at 204-945-7133 or toll-free 1-866-479-2717, and by email at ManitobaMEPInquiries@gov.mb.ca with your full name and file number.

Frequently asked questions